Extension of the Suspension of Expansion of End-User Controls for Affiliates of Certain Listed Entities

Issuing agencies

Abstract

The Bureau of Industry and Security (BIS) is extending the suspension of the interim final rule (IFR), "Expansion of End-User Controls to Cover Affiliates of Certain Listed Entities." The suspension was set to end November 9, 2026. This final rule extends the suspension through January 10, 2027.

Full Text

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<title>Federal Register, Volume 91 Issue 215 (Monday, November 9, 2026)</title>
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[Federal Register Volume 91, Number 215 (Monday, November 9, 2026)]
[Rules and Regulations]
[Pages 70789-70790]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2026-22793]


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DEPARTMENT OF COMMERCE

Bureau of Industry and Security

15 CFR Parts 732, 734, 736, 744, and 748

[Docket No. 261027-0002]
RIN 0694-AK34


Extension of the Suspension of Expansion of End-User Controls for 
Affiliates of Certain Listed Entities

AGENCY: Bureau of Industry and Security, Department of Commerce.

ACTION: Final rule; stay.

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SUMMARY: The Bureau of Industry and Security (BIS) is extending the 
suspension of the interim final rule (IFR), ``Expansion of End-User 
Controls to Cover Affiliates of Certain Listed Entities.'' The 
suspension was set to end November 9, 2026. This final rule extends the 
suspension through January 10, 2027.

DATES: Effective November 9, 2026, the amendments to 15 CFR parts 732, 
734, 736, 744, and 748 in the interim final rule published at 90 FR 
47201, on September 30, 2025, and stayed on November 10, 2025, at 90 FR 
50857, are further stayed until January 10, 2027.

FOR FURTHER INFORMATION CONTACT: Noah Jaffe at <a href="/cdn-cgi/l/email-protection#38565759501652595e5e5d785a514b165c575b165f574e"><span class="__cf_email__" data-cfemail="630d0c020b4d090205050623010a104d070c004d040c15">[email&#160;protected]</span></a>, 
Bureau of Industry and Security, Department of Commerce.

SUPPLEMENTARY INFORMATION:

Background

    On September 20, 2025, BIS published the IFR, ``Expansion of End-
User Controls to Cover Affiliates of Certain Listed Entities,'' (90 FR 
47201) (Affiliates Rule). On November 12, 2025, BIS published a final 
rule titled, ``One Year Suspension of Expansion of End-User Controls 
for Affiliates of Certain

[[Page 70790]]

Listed Entities,'' (90 FR 50857) (Stay of Affiliates Rule), imposing a 
one-year suspension of the Affiliates Rule, which was set to end 
November 9, 2026.
    BIS is extending the suspension until January 10, 2027.

Export Control Reform Act of 2018

    On August 13, 2018, the President signed into law the John S. 
McCain National Defense Authorization Act for Fiscal Year 2019, which 
included the Export Control Reform Act of 2018 (ECRA) (50 U.S.C. 4801-
4852). ECRA provides the legal basis for BIS's principal authorities 
and serves as the authority under which BIS issues this rule. In 
particular, Section 1753 of ECRA (50 U.S.C. 4812) authorizes the 
regulation of exports, reexports, and transfers (in-country) of items 
subject to U.S. jurisdiction. Further, Section 1754(a)(1)-(16) of ECRA 
(50 U.S.C. 4813(a)(1)-(16)) authorizes, inter alia, establishing and 
maintaining a list of foreign persons and end uses that are determined 
to be a threat to the national security and foreign policy of the 
United States pursuant to the policy set forth in Section 1752(2)(A), 
and restricting exports, reexports, and in-country transfers of any 
controlled items to any foreign person or end use so listed; apprising 
the public of changes in policy, regulations, and procedures; and any 
other action necessary to carry out ECRA that is not otherwise 
prohibited by law. Pursuant to Section 1762(a) of ECRA (50 U.S.C. 
4821(a)), these changes can be imposed in a final rule without prior 
notice and comment.

Rulemaking Requirements

    1. This rule has been determined to be not significant for purposes 
of Executive Order (E.O.) 12866. This final rule is not a regulatory 
action pursuant to E.O. 14192 because it is not a significant rule 
under E.O. 12866.
    2. Notwithstanding any other provision of law, no person is 
required to respond to or be subject to a penalty for failure to comply 
with a collection of information, subject to the requirements of the 
Paperwork Reduction Act of 1995 (PRA) (44 U.S.C. 3501 et seq.), unless 
that collection of information displays a currently valid Office of 
Management and Budget (OMB) Control Number. This rule involves the 
following OMB-approved collections of information subject to the PRA:
    <bullet> 0694-0088, ``Simple Network Application Process and 
Multipurpose Application Form,'' which carries a burden hour estimate 
of 29.7 minutes for a manual or electronic submission;
    <bullet> 0694-0096 ``Five Year Records Retention Period,'' which 
carries a burden hour estimate of less than 1 minute;
    <bullet> 0607-0152 ``Automated Export System (AES) Program,'' which 
carries a burden hour estimate of 3 minutes per electronic submission; 
and
    <bullet> 0694-0134 ``Procedure for parties on the Entity List or 
the Unverified List to Request Removal or Modification of their 
Listing,'' which carries a burden hour estimate of 15 hours per 
electronic submission.
    BIS estimates no changes to these information collections based on 
the continued suspension of the license requirements and related 
provisions. Additional information regarding these collections of 
information--including all background materials--can be found at: 
<a href="https://www.reginfo.gov/public/do/PRAMain">https://www.reginfo.gov/public/do/PRAMain</a> by using the search function 
to enter either the title of the collection or the OMB Control Number.
    3. This rule does not contain policies with federalism implications 
as that term is defined in E.O. 13132.
    4. Pursuant to Section 1762 of the Export Control Reform Act of 
2018, this action is exempt from the Administrative Procedure Act (5 
U.S.C. 553) requirements for notice of proposed rulemaking, opportunity 
for public participation, and delay in effective date. This final rule 
did not consider public comments received on the Affiliates Rule. 
Public comments received on the Affiliates Rule will be considered for 
future, subsequent rulemakings.
    5. Because a notice of proposed rulemaking and an opportunity for 
public comment are not required to be given for this rule by 5 U.S.C. 
553, or by any other law, the analytical requirements of the Regulatory 
Flexibility Act (5 U.S.C. 601, et seq.) are not applicable. 
Accordingly, no final regulatory flexibility analysis is required, and 
none has been prepared.

Jeffrey I. Kessler,
Under Secretary for Industry and Security.
[FR Doc. 2026-22793 Filed 11-5-26; 4:15 pm]
BILLING CODE 3510-33-P


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